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Advantage and disadvantage of restorative and retributive justice
Advantage and disadvantage of restorative and retributive justice
Concepts of restorative justice
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This type of justice system is designed very differently when compared with the retributive justice system. The restorative justice system endeavours to bring the victim and the offender together and allow them to speak with each other in the hopes to support the healing process. It will enable the victims to express themselves to the offender and lets the offender apologize and express their feelings to the victim. The restorative justice system often offers the victims of crime closure. The system encourages both parties to reveal themselves to each other and develop a solution for the future to satisfy both parties involved.
Rehabilitation Rehabilitation seeks to reform the offender so that he or she becomes less likely to commit future crimes, or “recidivate.” Once a prevailing theory of punishment, rehabilitation has fallen from grace and now serves as an afterthought in many sentencing systems.37 Despite its relative disfavor, rehabilitation has proven successful in a number or “well-managed, well-targeted programs. ”38 Indeed, many offense-specific courts (such as drug courts) use rehabilitation as the principal goal of punishment. D. Retribution Retributionrestsontheideathat“crimeinherentlymeritspunishment.
1K Essay Draft Cindy Sun S3C3 The Use of Rehabilitation in Criminal Justice System Subtitle: In the scale of whole society, is rehabilitation better than retribution for the criminals? Living in a highly developed society, people now care about not only their basic living standard, but also their living quality. For example, many people are not just satisfied with having basic food but with tastier food.
Corrective justice or restorative justice is described as how to correct and to have just, to put things back to what they used to be, if they aren’t as they should be and a betrayed person may seek restitution. Restitution means change for the situation that is upon now, therefor it usually includes some kind of contrition to demonstrate one has
While rehabilitative practices should be just as applicable to victims as they are to offenders, rehabilitative support is seldom provided to the victim. There exists a misguided notion that for a person to be eligible for rehabilitation, they themselves must have done something wrong. Because of this ill-conceived perception, rehabilitation has become an exclusive model, and a model that further isolates the victim. Conversely, restorative justice contains an overarching understanding of how all
Key Principles and Rules of Restorative Justice system There are variety of rules and values that must be followed in restorative justice system .First rule of restorative justice is that, young people around them should surround offenders and victims. Haines(1998) stated that adults can not join cases where young or minors are being considered because young would not be able to convey themselves entirely .Likewise, second rule states that both offender and victim must be analyzed equally. It says that both of them would have right to raise their voice equally and lawfully (Sullivan and Tifft, 2001).
Conclusion Restorative justice offers a transformative experience for everyone involved. Restorative processes center the needs of victims, while holding offenders meaningfully accountable and involving the community in the healing process. These processes also result in more victim satisfaction and reduce recidivism, which creates safer communities and healthier people. Oregon should enact a comprehensive restorative justice statute to give precedent to court’s and prosecutor’s offices to adopt restorative justice principles and practices for
Thus restorative justice and forgiveness can be adjudged as complimentary approaches that can be practiced independently. Furthermore, restorative justice is described as contributing to the
One of the most significant impacts of the restorative justice is that it provides healing to the victims. () Compare to the punitive justice, the restorative justice is a different approach to deal with crime as it emphasis on healing human emotions such as guilt, compass and forgiveness. I t places victims as the center of the problem. In our society, every member is interrelated. Restorative justice offers the process for those affected by criminal behaviour such as the victims, offenders and families to take part in resolving the issues.
Although forgiveness in criminal justice system does not serve as a mitigating factor in criminal sentencing; however, it is an important action for both parties. Forgiveness is an essential component of the criminal justice system because it allows victims to take an active approach towards finding peace within their self. In addition, it encourages the innocent to forgive offender(s) that have committed criminal acts against them. “Forgiveness is acceptable only in cases where it is consistent with self-respect, respect for others as responsible moral agents, and allegiance to the rules of morality” (Murphy, J. G.
The retributive theory of punishment follows that punishment is used as a means of retributive justice. It is intended to rebalance any unjust advantage gained by the offender by ensuring that the offender suffers a loss. It is viewed as a way of getting even with the offender. The suffering of the offender does not have any restorative benefits to the victim but it is a desired goal. Offenders are punished because they deserve to be punished.
arrested and successfully prosecuted and punished is smaller than what advocates of this theory would prefer it to be. Retribution Retribution involves the payment of a debt to both the victim and society and thus atonement for the person’s crime. Historically retribution was encapsulated in terms like “getting even”, “an eye for an eye and a tooth for a tooth”. Retribution literally mean paying back the offender for wrongs he or she did.
Hence, their perception that restorative justice as not taking seriously the fundamental concerns of a criminal justice system. Firstly, we need to understand the idea of serving justice according to the legal practitioners. Most legal practitioners employ the retributive approach to address crime. This approach posits that punishment is to right the wrong done in the criminal offence.
Restorative justice has a role in identifying “substantial and compelling” reasons not to impose a prescribed minimum sentence. Section 73 of the CJA contains provisions related to when restorative justice is imposed as a sentence. Generally, any procedure that could be seen to resolve and restore the dignity of the offender and the victim can be imposed as restorative
The “restoration of healthy relationships that are between individuals and within the communities” (Maiese, 2003). Restorative justice makes efforts to compensate for the crime. In order to promote healing communities must know where the crimes are likely to take place and help offenders who have been harmed. It examines the causes of violence and crime. Offenders too have suffered harm
